BILL NUMBER: S2229

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the insurance law, in relation to including same-sex
couples in the definition of infertility

 
PURPOSE:

To ensure that women in same-sex couples will have access to in vitro
fertilization (IVF)

 
SUMMARY OF PROVISIONS:

Section one amends section 3221 of the insurance law to add a clause
that would apply to same sex couples

Section two establishes the effective date.

 
              

EXISTING LAW:

N/A

 
JUSTIFICATION:

New York's Fertility Mandate (N.Y. Ins. Law § 3221) requires large group
insurers to provide fertility coverage to people diagnosed with infer-
tility. Specifically, insurers are required to cover at least three
rounds of In Vitro Fertilization (IVF) for women diagnosed as infertile.

In actuality though, "infertility" is defined in N.Y. Ins. Law § 3221 in
a way that excludes women in same-sex relationships from ever qualifying
for coverage. Infertility is currently defined in the mandate (for women
under 35) as either (1) failing to conceive after 12 months of hetero-
sexual sex, or (2) 12 cycles of failed artificial insemination.

For women over 35 infertility is defined as either (1) failing to
conceive after 6 months of heterosexual sex or (2) 6 cycles of failed
artificial insemination. Women in same-sex relationships cannot meet
this definition of infertility. They will not meet the requirement of
having extended periods of heterosexual sex. Further, most women cannot
afford 12 (or 6) rounds of fertility treatment out of pocket.  Limiting
coverage for lesbians to women who can afford fertility treatment out of
pocket defeats the purpose of the mandate.

As long as coverage is dependent on either having unprotected heterosex-
ual sex or having access to tens of thousands of dollars to pay for
coverage - not all women will be covered

 
LEGISLATIVE HISTORY:

S.9010 of 2020; Referred to Rules

 
FISCAL IMPLICATIONS:

To be determined

 
LOCAL FISCAL IMPLICATIONS:
N/A

 
EFFECTIVE DATE:
This act shall take effect immediately.